Rasheda.V.H vs the State of Kerala

Rasheda.V.H vs The State of Kerala

Type Court Judgment Court Kerala Decided Jan 28, 2022

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https://sooperkanoon.com/case/1446428

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Citation: sooperkanoon.com/1446428
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Jan 28, 2022
Case Number: WP(C)/2954/2022

Parties & Advocates

Appellant / Petitioner

Rasheda.V.H

Respondent

The State of Kerala

Excerpt

.....2022judgmentpetitioner was appointed as hsst in malayalam under the 4 th respondent from 01.06.2005 onwards. though the appointment came to an end by 30.06.2006, she was appointed again on 06.07.2007 and her probation was declared as having satisfactorily completed. however, by ext.p11 order dated 17.12.2021, the 3rd respondent interfered and directed to refund the incremental benefits which were granted to the petitioner by reckoning the service for the entire period as hsst. challenging the said order, a revision petition has been preferred before the government as ext.p13.2. having regard to the circumstances arising in the case andthe submissions made by the learned counsel for the petitioner as well as the learned special government pleader, i am of the view that this writ petition can be disposed of by directing an expeditious consideration of ext.p13. accordingly, there will be a direction to the first respondent to consider and pass appropriate orders on ext.p13, as expeditiously as possible, at any rate, within a period of five months from the date of receipt of a copy of this judgment, after affording an opportunity of hearing to the petitioner. till orders are passed as directed, all coercive proceedings for recovery pursuant to ext.p11 shall be kept in abeyance. the writ petition is disposed of as above. sd/- bechu kurian thomas, judge rkm appendix of wp(c) 2954/2022 petitioner's exhibits : exhibit p1 true copy of the order no acd a4/ 4178/hse/05 dated 23.11.2005 of the director exhibit p2 true copy of the order no a1/5843/07/k.dis dated 27.11.2008 of the rdd hse, kozhikode exhibit p3 true copy of the proceedings order no k.dis 1761/09 dated 11.1.2010 of the corporate manager of the school exhibit p4 true copy of the statement of fixation of pay i n the revised pay scale dated 27.7.2011 exhibit p5 true copy of the statement of fixation of pay in the revised scale dated 21.3.2016 exhibit p6 true copy of the statement of fixation of pay in the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943 PETITIONER : RASHEDA.V.H., AGED 45 YEARS WIFE OF ABOOBACKER V.H , HIGHER SECONDARY SCHOOL TEACHER (MALAYALAM) M E S HIGHER SECONDARY SCHOOL, MAMPAD MALAPPURAM DISTRICT-676 542, (RESIDING AT VADAKEDATH HOUSE, KAVUMKARA P.O., MARKET MUVATTUPUZHA, ERNAKULAM DISTRICT - 686 673
BY ADVS. V.A.MUHAMMED M.SAJJAD RESPONDENTS : 1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE 11, THIRUVANANTHAPURAM-695 001 2 THE DIRECTOR OF GENERAL EDUCATION, (HIGHER SECONDARY WING), HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUANANTHAPURAM - 695 001 3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, B2 BLOCK, UP HILL, CIVIL STATION ROAD, MALAPPURAM-676 505
4 THE MANAGER, M E S HIGHER SECONDARY SCHOOL, MAMPAD, MALAPPURAM DISTRICT-676 542. 5 THE PRINCIPAL, M E S HIGHER SECONDARY SCHOOL, MAMPAD, MALAPPURAM DISTRICT-676 542. SMT.M.R.SREELATHA SPL.GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No.2954 of 2022 =-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 28th day of January, 2022

JUDGMENT

Petitioner was appointed as HSST in Malayalam under the 4 th respondent from 01.06.2005 onwards. Though the appointment came to an end by 30.06.2006, she was appointed again on 06.07.2007 and her probation was declared as having satisfactorily completed. However, by Ext.P11 order dated 17.12.2021, the 3rd respondent interfered and directed to refund the incremental benefits which were granted to the petitioner by reckoning the service for the entire period as HSST. Challenging the said order, a revision petition has been preferred before the Government as Ext.P13.

2. Having regard to the circumstances arising in the case and

the submissions made by the learned counsel for the petitioner as well as the learned Special Government Pleader, I am of the view that this writ petition can be disposed of by directing an expeditious consideration of Ext.P13. Accordingly, there will be a direction to the first respondent to consider and pass appropriate orders on Ext.P13, as expeditiously as possible, at any rate, within a period of five months from the date of receipt of a copy of this judgment, after affording an opportunity of hearing to the petitioner. Till orders are passed as directed, all coercive proceedings for recovery pursuant to Ext.P11 shall be kept in abeyance. The writ petition is disposed of as above. Sd/- BECHU KURIAN THOMAS, JUDGE RKM APPENDIX OF WP(C) 2954/2022 PETITIONER'S EXHIBITS : Exhibit P1 TRUE COPY OF THE ORDER NO ACD A4/ 4178/HSE/05 DATED 23.11.2005 OF THE DIRECTOR Exhibit P2 TRUE COPY OF THE ORDER NO A1/5843/07/K.DIS DATED 27.11.2008 OF THE RDD HSE, KOZHIKODE Exhibit P3 TRUE COPY OF THE PROCEEDINGS ORDER NO K.DIS 1761/09 DATED 11.1.2010 OF THE CORPORATE MANAGER OF THE SCHOOL Exhibit P4 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY I N THE REVISED PAY SCALE DATED 27.7.2011 Exhibit P5 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE DATED 21.3.2016 Exhibit P6 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE HIGHER GRADE DATED 7.4.2014 Exhibit P7 TRUE COPY OF THE ORDER NO ADD/B4/50707/2016/HSE DATED 28.12.2016 OF THE DIRECTOR Exhibit P8 TRUE COPY OF THE ORDER NO ADD/B4/53353/2016/HSE DATED 24.1.2017 OF THE DIRECTOR Exhibit P9 TRUE COPY OF THE GO (RT) NO 2281/2017/GEDN DATED 11.7.2017 OF THE GOVT Exhibit P10 TRUE COPY OF THE GO(RT) NO 342/2018/GEDN DATED 19.1.2018 OF THE GOVT Exhibit P11 TRUE COPY OF THE LETTER NO H/2137/2021/RDD/HSE/MLPM DATED 17.12.2021 OF THE 3RD RESPONDENT ALONG WITH TYPED COPY Exhibit P12 TRUE COPY OF THE DECISION REPORTED IN 2017(3) KHC 429 DECIDED ON 19.6.2017 Exhibit P13 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 3.1.2022 (WITHOUT EXHIBITS) Exhibit P14 TRUE COPY OF THE GO(MS) NO 62/73/S.EDN DATED 2.5.1973 OF THE GOVERNMENT Exhibit P15 TRUE COPY OF THE GO(RT) NO 2615/2020/G.EDN DATED 17.9.2020 OF THE GOVT. Exhibit P16 TRUE COPY OF THE JUDGMENT IN WPC NO 29299 OF 2021 DATED 17.12.2021 Exhibit P17 TRUE COPY OF THE JUDGMENT IN WPC NO

Same Court & Year Kerala · 2022 Same Parties Rasheda.V.H vs The State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas